MODIFICATION APPLICATION OF A CONSENT GRANTED BY THE COURT — conciliation conference — onsite view — heritage contentions — agreement between the parties — substantially the same development as that for which consent was originally granted — orders made
Quick Take
1Under s 4.55(2)(a) of the EPA Act, modifications confined to internal layout alterations and minor amendments to external materials and finishes, which do not alter the approved use, general built form, or overall height, satisfy the 'substantially the same development' test.
2Where a development consent was originally granted by the Land and Environment Court, a modification application may be made directly to the Court under s 4.55(8), and the Court may dispose of the proceedings by s 34 agreement provided the jurisdictional preconditions for modification under s 4.55(2) are met.
